A potential misdemeanor charge against St. Joseph County Commissioner Don Eaton will be decided by Cass County Prosecutor Victor Fitz.

The neighboring county was chosen Friday by the Michigan Attorney General's Office to review the case. Eaton is an elected official and, following protocol, the matter must be delegated outside the county he represents.

The case against Eaton stems from a late-night incident July 29 at the Sturgis Applebee's, where Eaton said he briefly had a pistol in his pocket. He said he grabbed the pistol from inside his truck and returned to the restaurant's bar area to retrieve his wallet and keys.

Eaton faces a charge of possession of a firearm while intoxicated.

Cass County officials said Fitz will likely receive the report next week. A timeframe regarding when he renders an opinion is not known.

According to state law, Eaton could be sentenced to 93 days in jail and imposed a $100 fine. He also risks permanent revocation of his Concealed Pistol License, as his blood-alcohol content was in excess of 0.10 percent. Eaton, 52, agreed to the BAC test on the scene, administered by a member of the Sturgis Police Department.

Eaton said he took possession of the pistol when he and a trio of acquaintances he was with were outdoors having a smoke after being harassed by a group of four men inside the eatery. The group of men was across the street and started to approach Eaton and his party when he sought the pistol, Eaton said.

A three-year county commissioner, Eaton said he returned the pistol to his vehicle before Sturgis police arrived, he said.

Sturgis police Sgt. Damon Knapp noted in his report that enough evidence exists for Eaton to be charged with violating terms of a permit for a Concealed Pistol License.